Tribunal berates Conduct Bureau for poor handling of case

The Code of Conduct Tribunal in Abuja has absolved a former local government chairman in Cross River State, Emil Lemke Inyang, of being a member of a cult group when he was in office.

The tribunal, in a ruling by a three-man panel, upheld Iyang’s no-case submission and held that the prosecution, the Code of Conduct Bureau (CCB), failed to prove its case against the accused.

The tribunal came down hard on the CCB for conducting a shoddy investigation on the petition.

Inyang, the Chairman of Biase Local Government in 2007, was accused of being a member of a society to known as the National Association of Buccaneers.

The CCB, which brought the charge on behalf of the Federal Government, alleged that Inyang’s alleged membership of the society was incompatible with the functions and dignity of his office.

The prosecution claimed that the action constituted an offence under Section 14 of the CCB and Tribunal Act, 2004, and punishable under Section 23 of the Act.

In the course of the trial, which began last November, the prosecution called only one witness, Ikechukwu Iguela, of the Calabar office of the CCB.

Inyang did not defend but made a “no case” submission. He averred that the prosecution failed to establish a prima facie case against him.

Justice Robert Odu (rtd), in the lead ruling, held that it was wrong for the CCB not to have established the author of the petition and called him/her as its witness.

He said: “No one has owned up to having written the petition. If the CCB only received the petition but did not see or interview the petitioner, why did it not drop the charge.

“And if the petitioner was seen and interviewed, why was the petitioner not brought before the tribunal to give evidence in this case?

“It is no longer in doubt that corruption has been the bane of Nigeria’s political and economic development. A lot of our youths roam the streets in search of jobs owing to the level of corruption in this country.

“It is suggested that the security challenges being experienced in the land is traceable to abject poverty brought about by corruption.

“Notwithstanding this obvious fact, there has been, unfortunately, a growing tendency on the part of the prosecution to bring frivolous and embarrassing charges before this tribunal and stall prosecution of charges filed against suspects by applying in writing or orally to withdraw such charges.

“The prosecution has no evidence whatsoever that the accused is a cult member; yet, it charged him before this tribunal.

“It would seem this tribunal is being used to let off the hook suspects facing criminal charges, after they have been harassed, figthened and intimidated. This is not enough and it is not acceptable to the CCT.

“It is the conviction of this tribunal that no reasonable tribunal might convict on the evidence adduced by the prosecution. It has not made a prima facie case against the accused.

“The submission of ‘no-case to answer’ is hereby upheld. The accused is discharged under Section 286 of the Criminal Prosecution Act,” Justice Odu held.

Other members of the panel – Danladi Yakubu Umar and Atedze W. Aguadza – agreed with the lead ruling.